HomeMy WebLinkAbout2015-1655.Maitland.19-02-27 DecisionCrown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB# 2015-1655; 2015-2814; 2017-0177
UNION# 2015-0234-0144; 2015-0234-0184; 2017-0234-0045
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Maitland) Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE
D.J.D. Leighton
Arbitrator
FOR THE UNION
Dan Sidsworth
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Veronica Connors
Treasury Board Secretariat
Employee Relations Advisor
HEARING January 22, 2019
-2-
DECISION
[1] Mr. Glenn Maitland, a Correctional Officer 2 at Maplehurst Correctional Complex,
filed three grievances on June 26 and December 7, 2015 and March 25, 2017,
alleging that the employer has breached various articles of the collective
agreement. The grievor was notified in writing by the union that his grievances
were to be heard on January 22 and 23, 2019, pursuant to the Expedited
Mediation-Arbitration Protocol negotiated by the parties. He responded that he
would not attend, and he did not appear. There was no reasonable explanation
given for his lack of attendance.
[2] This is not the first time that the grievor has been notified of his grievances being
listed to be heard by the GSB at med-arbs and he has failed to attend. He was
notified for hearings on March 7 and 8, 2017 and did not attend. He was notified
for hearings on January 10 and 11, and April 4 and 5, 2018 and he did not
attend. Before the hearings scheduled for January 22 and 23, 2019, the local
sent two notices to the grievor, on January 10 and again, on January 20, 2019.
As noted above the grievor did not attend.
[3] At the outset of the hearing on January 23, 2019, the parties agreed that I had
the jurisdiction to deal with this matter. The Protocol provides that grievances not
settled during the hearing, will be decided by the arbitrator and the decision
issued without reasons. The decisions are also without prejudice and precedent.
[4] The parties agree that this grievance is appropriate for the expedited med/arb
process.
[5] The next med/arb session at Maplehurst is scheduled for April 10 and 11, 2019.
The grievor is hereby ordered to attend on one of those days and participate in
the process or the three grievances noted here, will be deemed to be withdrawn.
Dated at Toronto, Ontario this 27th day of February. 2019.
“D.J.D. Leighton”
______________________
D.J.D. Leighton, Arbitrator